Assignment Question – Semester 2, 2016 Vanessa is looking for her first car. In the local paper she sees a full-page colour advertisement for Nikhil’s Car Sales Pty Ltd: Used car sale. Unbeatable offers on 3-year old models. Low kilometres. 12-month warranty. The featured vehicles include 3 model Mazda 2s priced at $9,999 drive away. On Saturday morning she goes to take a look. She takes a liking to the yellow Mazda 2, and has a good look around the outside and inside. She notes with satisfaction that the odometer shows 75,000. The salesman tells her: “Personally, I think this one is the best of the lot.” Vanessa asks Nikhil about previous ownership of the car and Nikhil replies: “The car had only one previous owner.” Vanessa replies that she would like to buy it, but the best she can do is $9,500 cash. He replies: “Alright. Come inside.” In the office Nikhil prepares a sale document with a description of the vehicle and a cash sale at $9,500 and gives a copy to Vanessa, which she reads. They agree that Vanessa will return with payment within 7 days. There is no mention of warranty. Vanessa signs the sales document. Next Wednesday, having visited her bank, Vanessa returns with a bank cheque for $9,500 and collects her new car. There is a zipper case on the driver’s seat containing the handbook and previous service record, which she puts in the boot. Three months later Vanessa finds that her car is slipping out of gear. Next morning she drops it off with Max, her mechanic. Max calls her that afternoon. The automatic clutch of the Mazda 2 is badly worn and needs replacing. The total cost for the work is $2,500. From the handbook and service details Max discovered that the previous owner was a company, and the Mazda 2 was a fleet car. At the time of the sale it had actually covered 175,000 kilometres. Problem-Based Questions QUESTION 1 Is there a contract between Vanessa and Nikhil’s Car Sales Pty Ltd? Refer to relevant case law and principles in answering this question. [5 marks] QUESTION 2 Vanessa tells you that had she known about the true condition of the car, she never would have bought the car, and asks you to explain the legal situation to her. What rights does Vanessa have under the common law? Refer to any applicable case law and principles in answering this question. What remedies can Vanessa obtain under the common law? [7 marks] QUESTION 3 Does Vanessa have any rights under the Australian Consumer Law (Competition and Consumer Act 2010 (Cth), Schedule 2)? Discuss any applicable legislative provisions and relevant case law. What remedies can Vanessa obtain under the Australian Consumer law? [8 marks] TOTAL MARKS [20 MARKS] LST5CCL Mid-Semester Assignment Instructions Assessment Task Due Date % SILOs Assessed Mid-Semester Assignment Friday 16 September at 9:00PM 20 2, 3 and 11 Submission Details On-line through Turnitin link Description of Task Please refer to the “Mid-Semester Assignment Instructions” document posted on LMS. Please read and follow the Instructions carefully. Marks will be deducted for failure to do so. Grading Criteria Relevant issues selected Law correctly stated Law applied appropriately Conclusion reasonable. Feedback Written feedback through rubric and comments available through Turnitin on and after ‘Post Date’ Instructions 1. The mid-semester assessment provides students with an opportunity to improve their skills in relation to the learning objectives and learning outcomes of this subject and obtain feedback as to their progress in this subject. The assignment is worth 20% of the final assessment in this unit and is due latest by 9:00 pm on Friday, 16 September 2016. 2. The assessment task will be posted on LMS in Week 6 by 9:00PM Monday, 29 August 2016. Students are advised to read the instructions very carefully and comply with them. Failure to do so will result in the deduction of marks. 3. The Assignment will test students understanding of the Contracts Law and Australian Consumer Law Module. The Assignment must be submitted via Turnitin on LMS. The assignment will be marked online. 4. The assignment consists of three questions. All questions must be answered. 5. The main aims of the mid-semester assessment are: to assess students’ understanding of the substantive material covered by the mid-semester assessment (as described above) as well as their ability to apply these principles to a given set of facts; to give students the opportunity to develop legal, writing and generic skills; and to give students feedback as to their academic progress in this subject. 6. Assignments must be typed in minimum size 12 font with 1.5 spacing on one side of the page only and wide margins. Please ensure your pages are consecutively numbered. 7. The word limit is 1,500 words, including words in footnotes. Students must state the word count on the front of their assignment. If the length is not stated, the examiner will estimate. Students who misrepresent the word count will be penalised. 8. Criteria for assessment: Marks are awarded for the accuracy and quality of the response. See Assessment Criteria and Performance Expectations listed below. 9. This is a law assignment, and as such, students are required to discuss any case law and legislation that may be relevant. It is important that students cite case law and legislative provisions in their answers. Please follow the Australian Guide to Legal Citation. The AGLC can be downloaded from the following website: http://law.unimelb.edu.au/__data/assets/pdf_file/0007/1586203/FinalOnlinePDF-2012Reprint.pdf 10. Work must be adequately referenced using footnotes. No bibliography is required. Footnote your responses on a page by page basis. Footnotes must be consistent in style. Use footnotes, not endnotes in your assignment. 11. Penalties at the marker’s discretion will apply to students who do not pay attention to the correct citation of cases and secondary sources. 12. Your assignment must be accompanied by the cover sheet . Students must write their tutor’s name and tutorial time on the front cover of their assignments. Also, date the cover sheet. 13. Method of submission: Your completed assignment is to be submitted electronically in plain text, rich text or Word format via the Assignment Submission Box (Turnitin) no later than 5:00 pm. Submission must occur through the LST5CCL LMS site before 9:00 pm on Friday, 16 September 2016. 14. School policies on submission, late submission and application for extension of time are available on LMS. Also, see the subject learning guide for information on late submission and applications for extension of time. 15. A copy for your records: It is important that you keep a copy of your work for your records. Submit only the original copy of the assignment. The lecturer can ask you to produce the copy of your assignment in case your assignment got lost or damaged. 16. Plagiarism will be heavily penalised. Academic misconduct includes improper referencing, plagiarism, copying and cheating. You should familiarise yourself with your responsibilities in relation to Academic Integrity. Information can be found on the website at: http://www.latrobe.edu.au/students/academic-integrity Assessment Criteria and Performance Expectations The assessment criteria set out the general standards by which performance will be judged. Mid- semester assessment criteria for: problem / problem solving / critical analysis Criterion A B C D Fail Overall clarity and elegance of argument structure Elegant and clear expression, no errors, using structure to convey and support arguments Well expressed. No errors in grammar, spelling or structure. May be inelegantly or clumsily expressed. May be poorly written or poorly structured, simplistic or pedestrian in expression. May present conclusions without any reasons. Not comprehensible as a whole. Clarity of statement of issues All issues addressed and expressed at the appropriate level of generality. All issues addressed. May fail to address an issue. May fail to address all of the legal issues in question. Issues may be poorly expressed, or be too general. In a question requiring multiple issues to be addressed, not addressing an adequate range of issues. Clear, Relevant principles, backed by authority Principles stated correctly, expressed with originality, with authorities of appropriate weight and perhaps alternative authorities which support or contradict. Properly integrated into application. Principles stated correctly, supported by authorities of appropriate weight. Properly integrated into application. Principles stated correctly, but perhaps lacking in balance between more/less important principles. May make one or more serious errors in stating the law. Structure of principles may demonstrate fundamental misunderstanding s about the taxonomy of the subject. Fundamentally erring on stating the relevant provisions in the primary decision making Act, relevant company law principles, or the facts. Principles properly applied Elegant and original application, properly integrated into principles. Principles applied with insight into potential ambiguity, expressed succinctly and properly integrated into principles. Principles applied, but in a pedestrian way. May make one or more serious errors in applying the law to the facts. Merely stating what are said to be relevant principles and not applying them to the problem. Clear analysis of opposing argument Arguments based on legal or factual uncertainty, carried through to alternative conclusions. Some attempt to address ambiguity in the facts or the law. Lacks insight into potential ambiguity or alternative arguments Little analysis of opposing views. No analysis of opposing views Coherence using connectives to link ideas/paragraph Elegantly ordered with clear connections between paragraphs; may convey an overarching theme/s. Well expressed, linking ideas as well as issues. Coherently expressed. Little or no attempt to link ideas or connect paragraphs. Not comprehensible as a whole. Logical development, or pattern of ideas Complex ideas and arguments are expressed succinctly and followed through. Ideas and arguments are followed through in a coherent manner. Logical, but of limited scope. May be illogical in parts or logic may not be apparent. No logic apparent, not doing what the question asks. References Students are advised that independent research, beyond the prescribed textbook, lecture material (including power point slides), material posted on LMS and seminar program, is not a formal requirement for completion of the mid-semester assessment. Nevertheless students may wish to undertake further research. Indeed the extent and quality of research into the principles, construction of relevant statutes, and academic commentary as to the resolution of contentious issues may be reflected in the capacity of an answer to reflect the assessment criteria and performance expectations. In order to assist your research, should you wish to undertake it, the recommended and supplementary texts listed in the Subject Learning Guide for LST5CCL are provided. Students should not consider this to be an exhaustive list.